SENATE.]

The Embargo.

[NOVEMBER, 1808.

which the ignorance or ingratitude of merchants | same thing at this time. Indeed, its omission is and others have so unjustly heaped upon him, for the only regret I have ever felt, at the measures his judicious and anxious attentions to their in- of the last Congress. I like the character-I terests? It is admitted by all, that the embargo like the open frankness, and the generous feellaws have saved this enormous amount of prop-ings of the honest _American tar; and, whenerty, and this number of seamen, which, with- ever in my power, I am ready to give, and will out them, would have forcibly gone into the with pleasure give him my protection and suphands of our enemies, to pamper their arro- port. One of the most important and agreeable gance, stimulate their injustice, and increase effects of the embargo laws, is giving these hontheir means of annoyance. est fellows a safe asylum. But, sir, these are not I should suppose, Mr. President, this saving the only good effects of the embargo. It has worth some notice. But, sir, we are told that preserved our peace-it has saved our honor-it instead of protecting our seamen, it has driven has saved our national independence. Are these them out of the country, and into foreign ser- savings not worth notice? Are these blessings vice. I believe, sir, that this fact is greatly not worth preserving? The gentleman from exaggerated. But, sir, suppose for a moment Delaware (Mr. WHITE) has, indeed, told us, that that it is so, the Government has done all, under the embargo laws, the United States are in this respect, it was bound to do. It placed bleeding at every pore. This, surely, sir, is one these seamen in the bosoms of their friends and of the most extravagant effects that could have families, in a state of perfect security; and if been ascribed to these laws by the frantic they have since thought proper to abandon dreams of the most infatuated passions. Bloodthese blessings, and emigrate from their country, letting is the last effect that I ever expected to it was an act of choice, not of necessity. But, hear ascribed to this measure. I thought it was what would have been the unhappy destiny of of the opposite character; but it serves to show these brave tars, if they had been permitted to that nothing is too extravagant for the misguidhave been carried into captivity, and sent adrifted zeal of gentlemen in the opposition. I have on unfriendly and inhospitable shores? Why, cast my eyes about in vain to discover those sir, in that case, they would have had no choice; copious streams of blood; but I neither see nor necessity would have driven them into a hard hear any thing of them from any other quarter. and ignominious service, to fight the battles of So far from the United States bleeding at every the authors of their dreadful calamities, against a pore, under the embargo, it has saved them nation with which their country was at peace. from bleeding at any pore; and one of the And is the bold and generous American tar to highest compliments to the measure is, that it has be told, that he is to disrespect the Administra- saved us from the very calamity which the gention for its anxious and effectual attentions to tleman attributed to it; but which, thanks to our his interests? for relieving him from a dreadful better stars and wiser counsels, does not exist. captivity? Even under the hardships he does Mr. President, the eyes of the world are now suffer, and which I sincerely regret, every gener-turned upon us; if we submit to these indignious feeling of his noble heart would repel the ties and aggressions, Great Britain herself would base attempt with indignation. But, sir, the despise us; she would consider us an outcast American seamen have not deserted their coun- among nations; she would not own us for her try; foreign seamen may and probably have offspring: France would despise us; all the gone into foreign service; and, for one, I am world would despise us; and what is infinitely glad of it. I hope they will never return; and worse, we should be compelled to despise ourI am willing to pass a law, in favor of the true- selves! If we resist, we shall command the rehearted American seamen, that these foreign spect of our enemies, the sympathies of the world, seamen never should return. I would even pro- and the noble approbation of our own consciences. hibit them from being employed in merchant vessels. The American seamen have found employment in the country; and whenever the proper season shall arrive for employing them on their proper element, you will find them, like true birds of passage, hovering in crowds upon your shores.

Whilst considering this part of the subject, I cannot help expressing my regret that, at the time of passing our embargo laws, a proportion of our seamen was not taken into the public service; because, in my judgment, the nation required their services, and it would have been some alleviation to their hardships, which the measure peculiarly imposed upon them, as a class of citizens, by affecting their immediate occupation; and the other classes, as well as the public Treasury, were able to contribute to their alleviation; and I am willing to do the

Mr. President, our fate is in our own hands; let us have union and we have nothing to fear. So highly do I prize union, at this awful moment, that I would prefer any one measure of resistance with union, to any other measure of resistance with division; let us then, sir, banish all personal feelings; let us present to our enemies the formidable front of an indissoluble band of brothers, nothing else is necessary to our success. Mr. President, unequal as this contest may seem; favored as we are by our situation, and under the blessing of a beneficent Providence, who has never lost sight of the United States in times of difficulty and trial, I have the most perfect confidence, that if we prove true to ourselves, we shall triumph over our enemies. Deeply impressed with these considerations, I am prepared to give the resolution a flat and decided negative.

1

thorize and require the President of the United

JOHN MILLEDGE, from the State of Georgia, States to arm, man, and fit out for immediate

SENATE.]

Enforcement of the Embargo.

[DECEMBER, 1808. strictly enforced, it will compel foreign na- | law, he exercised in the recess of Congress, and tions to respect our rights. Under these im- in my opinion, without law. The Governor pressions, the system is to be maintained. To of Massachusetts was authorized to give certifienforce it, the powers of the Government are cates, or licenses for the importation of flour to be put in array throughout our country, es- into that State; and, under general instrucpecially in places where discontents are mani- tions from the President, without personal susfested; and an extension is to be given to that picion of his own, the collector at Charleston, system of arbitrary seizures of vessels, goods, in South Carolina, detained a vessel; which merchandise, and domestic products, on suspi- called forth the independent exercise of the cion of their being intended for exportation, judicial power of the circuit court in that which came in with the embargo laws, and has State, to control the President's instructions. attended their execution. I am sensible the Administration and its friends In all this, sir, I see nothing that is to con- have an arduous task in executing the embargo; ciliate the conflicting opinions and passions of difficulties beset them on every side; difficulour citizens, and restore concord amongst them. ties inherent in the measure itself, and not to I see nothing that will invigorate the public be overcome by accumulating rigorous penalcouncils, and resuscitate the dormant spirit and ties, and an extension of the Executive power. resources of the nation. To me it seems that The power to regulate commerce is vested in the Administration, without presenting to pub- Congress, and by granting it to the President, lic view any definite object or course, are press- do we not transfer to him one of the most iming forward our affairs into a chaos of inextri-portant and delicate of the legislative powcable difficulties. And I cannot but regard this bill as holding a prominent place among the measures leading on that unfortunate issue.

This bill bears marks of distrust entertained by the Government of the people, or a considerable portion of them, and of the State authorities; it places the coasting trade under further and vexatious restraints, as well as its general regulations under the control of the President. It intrenches on the municipal polity of the States, and the intercourse of the people in their ordinary business. And, what above all will wound the public sentiment, for the accustomed and mild means of executing the laws by civil process through the tribunals of justice, it substitutes military powers to be called out and exercised, not in aid, but in place, of the civil authorities.

The coasting trade is placed under the regulation of the President by this bill:

1st. Collectors may refuse permission to put a cargo on board of any ship, vessel, or boat, in any case where they have their own personal suspicions that it is intended for foreign exportation, and in every case which may be comprehended within the scope of any general instructions, issued by command of the President. But there is a proviso as to coasting vessels uniformly employed in the navigation of bays, sounds, rivers, and lakes, which shall have obtained a general permission.

28. General permissions may be granted to the last-mentioned vessels, under such general instructions as the President of the United States may give, when it can be done without danger of the embargo being violated, to take on board such articles as may be designated in such general permission or permissions.

By these general instructions, the President may prescribe the kind and quantity of exports from, and imports into the individual States, and from and to the particular districts within a State. He may suspend them in part or in whole. The power of issuing general instructions now proposed to be given to the President by

ers? What State would have adopted the constitution, if it had been foreseen that this power would be granted to any man, however distinguished by office?

The sections I have considered, principally affect merchants and seafaring men in their business, at stores, custom-houses, about wharves, ships, and vessels. But other sections take a wider range, and intrench on the ordinary concerns of the great body of the people, by the powers they give for unreasonable and arbitrary searches for, and seizures of their property.

Collectors of the customs throughout the United States, by the tenth section, are empowered to take into custody specie, or any articles of domestic growth or manufacture, under these circumstances, when deposited in unusual places, in unusual quantities, in places where there is reason to believe they are intended for exportation in vessels, sleighs, or other carriages, or in any manner apparently on their way towards the territories of foreign nations, or a place whence such articles are intended to be exported. And, when taken into custody, they are not permitted to be removed without bonds being given for their being relanded in some place whence, in the opinion of the collector, there is no danger of their being exported.

Without warrant founded on proof, from suspicion only, may this unbounded license be exercised. Our houses, heretofore our castles, and the secure abodes of our families, may be thrown open to the visits of collectors to search for and seize our money and goods, whenever instigated by suspicion, prejudice, resentment, or party spirit.

No place is to be protected; the people may every where be exposed, at home, on the way, and abroad. Specie and goods thus seized without warrant, and on suspicion only, are not to be removed unless and until bond with sureties shall be given for landing or delivering the same in some place of the United States, whence, in the opinion of the collector, there

DECEMBER, 1808.]

Enforcement of the Embargo.

[SENATE.

shall not be any danger of such articles being | above all, against standing armies? Then no exported. These provisions strike at the vital such Executive prerogatives were claimed as principles of a free government; and are they not contrary to the fourth and sixth articles of amendments to the constitution? Are not these searches and seizures, without warrant, on the mere suspicion of a collector, unreasonable searches and seizures? And is not a man thereby to be deprived of property without due process of law?

TUESDAY, December 20.
Enforcement of the Embargo.

this bill contains; no such attempts made as here are made for intrenchments on the internal policy of the States, and the ordinary concerns of the people; and then our army, small in comparison with the present establishment, was kept aloof from the affairs of the State, and the persons and property of the citizens. Our country was happy, prosperous, and reThe military may be employed by such per- spected. The present crisis is portentous. Inson as the President may have empowered. He ternal disquiets will not be healed, nor public may designate, at certain places in the States, sentiment controlled, by precipitate and rash persons to call out such part of the land or measures. It is time for the public councils naval forces of the United States, or of the to pause. This bill, sir, ought not to pass. It militia, as may be judged necessary. Those strikes at the vital principles of our republican will be selected who are most convenient and system. It proposes to place the country in in all respects qualified to act in the scenes to a time of peace under military law, the first apwhich they may be called. In these appoint-pearance of which ought here to be resisted ments the Senate is to have no concurrence. with all our talents and efforts. It proposes to They are to be Presidential agents for issuing re-introduce a military despotism, to which freequisitions to the standing army, for militia, and men can never submit, and which can never not amenable to any tribunal for their conduct. govern except by terror and carnage. Heretofore a delicate and respectful attention has been paid to the State authoritieson this subject. The requisitions of the General Government for the militia have been made to the Governors of the States; and what reason is there for Mr. GILES said, I am sensible that I owe an taking a different course to enforce the embargo? apology to the Senate, as chairman of the comUnder our present system have not insurrec-mittee, for not having made an exposition of tions been suppressed, rebellions quelled, and the objects and principles of the bill, reported combinations and resistance against lawful au- for consideration, at an earlier stage of the disthority overcome, by the force of the General cussion. This omission has not in the smallest Government in co-operation with the State degree been influenced by any apprehension, that Governments? Is not the authority of the these principles are indefensible; but, in some marshals competent to the execution of the degree, from a desire to screen myself, as much laws? I see no cause for these arrays of the as possible, from intermixing in discussions; a military throughout the country, and the un- task which is never agreeable, but is at present restrained license that is to be given to its oper- peculiarly distressing and afflicting to my feelations. It is a fundamental principle of a free ings. I also thought that the session had algovernment, "that the military be kept in ready been sufficiently fruitful of discussions subordination to the civil power," and never intimately connected with the bill before us; be put in motion until those be found incom- and that the public interests, at this time, repetent to preserve the public peace and author-quired action. I know, too, sir, that I owe an ity. But, by the provisions of this bill, these Presidential agents may call out the standing army or militia, or part of them, to follow in the collector's train, to seize specie and goods in houses, stores, and elsewhere, and generally for executing the embargo laws. And even the public peace, so far as respects the suppressing armed and riotous assemblages of persons resisting the custom-house officers in the exercise of their duties, it would seem can no longer be confided to the States, and it is thought necessary to surround custom-house officers with bands of the standing army or militia.

The bill before us is bottomed on a report of the Secretary of the Treasury. How often were his strenuous remonstrances, and those of the chairman of the committee who reported the bill, (Mr. GILES,) formerly heard against the extension of the Executive patronage and influence; the interference of the General Government in the local policy of the States, and, the ordinary concerns of the people; and,

apology to the Senate, for the great number of amendments which, under their indulgence, has been made to this bill after it was first presented to their consideration. But, sir, you will find some apology in the intrinsic difficulty and delicacy of the subject itself, and also in the disposition manifested by the committee, to give to the objections made by the opponents of the bill, that respectful attention to which many of them were certainly entitled, and to accommodate its provisions, as far as possible, to the views of those gentlemen. After every effort, however, to effect this object, it still appears that the bill presents temptations for addressing the popular sensibility too strong to be resisted by gentlemen in the opposition. They have, accordingly, with great zeal and ability, described the provisions of the bill as dangerous and alarming to the rights and liberties of the people. This, sir, is the common course of opposition, and applies to every strong measure requiring the exercise of much Executive dis

SENATE.]

Enforcement of the Embargo.

cretion. I think, however, I shall be able to show that there is no new principle contained in the provisions of that bill; but that every provision it contains is amply justified by precedents in pre-existing laws, which have not been found to be so destructive to the rights of the people, as gentlemen strenuously insist similar provisions in this bill will be, if they receive the sanction of law. In performing this task, I shall bring into view only such parts of the bill as have been objected to by gentlemen, presuming that, as their objections have evidently been the result of great industry and deliberation, all other parts of the bill remain unobjectionable. I shall also, perhaps, avoid some of the observations respecting minute details; apply my remarks generally to principles; and thus bring my observations and replies into as short a compass as possible.

[DECEMBER, 1808. not be exempt from difficulties. The gentlemen from that part of the United States are nearly equally divided among themselves respecting the proper course of measures to be pursued, and there is an immense majority in every other part of the United States, in favor of the measures proposed; we are therefore surrounded with real and intrinsic difficulties from every quarter, and those of a domestic nature are infinitely the most formidable, and most to be deprecated. Indeed, sir, under present circumstances, the administration of the Government cannot be a pleasant task; and, in my judgment, it requires a great effort of patriotism to undertake it, not on account of external pressures, but on account of internal discontents, stimulated, too, by so many artful intrigues. But for these unfortunate circumstances, every gentleman would feel an honorable pride in contributing his efforts to devise measures for repelling foreign aggressions, and he would court the responsibility attached to his station. I would not, Mr. President, give up a scintilla of that portion of the responsibility which the crisis imposes on me. Indeed, sir, to have the honor of bearing my full share of it, is the only inducement I have at this moment for occupying a place on this floor. Without that consideration I should now be in retirement. But when I turn my eyes upon internal divisions, discontents and violations of law, and am compelled to think of measures for their suppression, it produces the most painful sensations and distressing reflections.

The gentleman from Connecticut (Mr. GooDRICH) commenced his remarks by declaring the embargo to be a permanent measure, deprecating its effects, as ruinous at home and ineffectual abroad. These observations have been repeatedly made by others, and already replied to by several gentlemen, as well as myself; and I am strengthened in the correctness of those replies by all the further reflections I have been enabled to bestow upon them. This part of the subject will, therefore, be passed over without further notice, except to remark, that perhaps one of the causes of the inefficacy of the measure abroad, has been the unprincipled violations of its provisions at home; and the great and leading object of the pres- The great principle of objection, the gentleent bill is to prevent such violations. Upon men tell us, consists in the transfer of legislathis part of the subject I am happy to find tive powers to the Executive Department. This that one of its most strenuous and judicious is an old an abstract question, often heretofore opposers (Mr. HILLHOUSE) has candidly informed brought into view, and leads to endless discusthe Senate, that the provisions of the bill are sion. I think I shall be able to show that the admirably calculated to effect that object and bill introduces no new principle in this respect, if in their practical operation they should re- but only applies an established principle to new alize the character anticipated by that gentle- practical objects. The general principle of the man, I shall feel no regret for that portion of separation of departments is generally admitted labor I have bestowed upon them. Indeed, I in the abstract; but the difficulties in this disshall congratulate the committee as well as my-cussion arise from applying the principle to self in having been so fortunate as to find a competent remedy for so great an evil.

practical objects. The great difficulty exists in the attempt to fix on the precise boundary The gentleman from Connecticut (Mr. GooD- line between legislative and Executive powers RICH) informs us, that the public councils are in their practical operation. This is not possipressing on to measures pregnant with the most You might attempt the search for the philosoalarming results. I hope the gentleman is mis-pher's stone, or the discovery of the perpetual taken in his apprehensions, and I should have been much pleased if the gentleman had been good enough to point them to a better course; but, sir, he has not done so, nor has any gentleman on the same side of the question. Indeed, sir, it would give me great pleasure to do something that would be agreeable to our Eastern friends; but, unfortunately, amidst all the intrinsic difficulties which press upon us, that seems to be not among the least of them. The gentlemen themselves will not explicitly tell us what would produce the effect-and I am inclined to think that nothing short of putting the Government in their hands would do it. Even this would

motion, with as much prospect of success. The reason of this difficulty is, that the practical objects and events to which this abstract principle is attempted to be applied, are perpetually varying, according to the practical progression of human affairs, and therefore cannot admit of any uniform standard of application. This reflection might have saved the gentleman from Massachusetts (Mr. LLOYD) the trouble of reading to us the constitution or bill of rights of Massachusetts, in which the principle of separation of departments is very clearly and properly laid down, and which will be very readily assented to in the abstract, but which